4110.  (a) No person shall conduct a pharmacy in the State of
California unless he or she has obtained a license from the board.  A
license shall be required for each pharmacy owned or operated by a
specific person.  A separate license shall be required for each of
the premises of any person operating a pharmacy in more than one
location.  The license shall be renewed annually.  The board may, by
regulation, determine the circumstances under which a license may be
transferred.
   (b) The board may, at its discretion, issue a temporary permit,
when the ownership of a pharmacy is transferred from one person to
another, upon the conditions and for any periods of time as the board
determines to be in the public interest.  A temporary permit fee
shall be established by the board at an amount not to exceed the
annual fee for renewal of a permit to conduct a pharmacy.  A
temporary permit may be issued for a period not to exceed 180 days,
and may be issued subject to terms and conditions the board deems
necessary.  If the board determines a temporary permit was issued by
mistake or denies the application for a permanent license or
registration, the temporary license or registration shall terminate
upon either personal service of the notice of termination upon the
permitholder or service by certified mail, return receipt requested,
at the permitholder's address of record with the board, whichever
comes first.  Neither for purposes of retaining a temporary permit
nor for purposes of any disciplinary of license denial proceeding
before the board shall the temporary permitholder be deemed to have a
vested property right or interest in the permit.



4111.  (a) Except as otherwise provided in subdivision (b) or (d),
the board shall not issue or renew any license to conduct a pharmacy
to any of the following:
   (1) A person or persons authorized to prescribe or write a
prescription, as specified in Section 4040, in the State of
California.
   (2) A person or persons with whom a person or persons specified in
paragraph (1) shares a community or other financial interest in the
permit sought.
   (3) Any corporation that is controlled by, or in which 10 percent
or more of the stock is owned by a person or persons prohibited from
pharmacy ownership by paragraph (1) or (2).
   (b) Subdivision (a) shall not preclude the issuance of a permit
for an inpatient hospital pharmacy to the owner of the hospital in
which it is located.
   (c) The board may require any information the board deems is
reasonably necessary for the enforcement of this section.
   (d) Subdivision (a) shall not preclude the issuance of a new or
renewal license for a pharmacy to be owned or owned and operated by a
person licensed on or before August 1, 1981, under the Knox-Keene
Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with
Section 1340) of Division 2 of the Health and Safety Code) and
qualified on or before August 1, 1981, under subsection (d) of
Section 1310 of Title XIII of the federal Public Health Service Act,
as amended, whose ownership includes persons defined pursuant to
paragraphs (1) and (2) of subdivision (a).



4112.  (a) Any pharmacy located outside this state that ships,
mails, or delivers, in any manner, controlled substances, dangerous
drugs, or dangerous devices into this state shall be considered a
nonresident pharmacy.
   (b) All nonresident pharmacies shall register with the board.  The
board may register a nonresident pharmacy that is organized as a
limited liability company in the state in which it is licensed.
   (c) A nonresident pharmacy shall disclose to the board the
location, names, and titles of (1) its agent for service of process
in this state, (2) all principal corporate officers, if any, (3) all
general partners, if any, and (4) all pharmacists who are dispensing
controlled substances, dangerous drugs, or dangerous devices to
residents of this state.  A report containing this information shall
be made on an annual basis and within 30 days after any change of
office, corporate officer, partner, or pharmacist.
   (d) All nonresident pharmacies shall comply with all lawful
directions and requests for information from the regulatory or
licensing agency of the state in which it is licensed as well as with
all requests for information made by the board pursuant to this
section.  The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to conduct the
pharmacy in compliance with the laws of the state in which it is a
resident.  As a prerequisite to registering with the board, the
nonresident pharmacy shall submit a copy of the most recent
inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the state in which it is located.
   (e) All nonresident pharmacies shall maintain records of
controlled substances, dangerous drugs, or dangerous devices
dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.
   (f) Any pharmacy subject to this section shall, during its regular
hours of operation, but not less than six days per week, and for a
minimum of 40 hours per week, provide a toll-free telephone service
to facilitate communication between patients in this state and a
pharmacist at the pharmacy who has access to the patient's records.
This toll-free telephone number shall be disclosed on a label affixed
to each container of drugs dispensed to patients in this state.
   (g) The board shall adopt regulations that apply the same
requirements or standards for oral consultation to a nonresident
pharmacy that operates pursuant to this section and ships, mails, or
delivers any controlled substances, dangerous drugs, or dangerous
devices to residents of this state, as are applied to an in-state
pharmacy that operates pursuant to Section 4037 when the pharmacy
ships, mails, or delivers any controlled substances, dangerous drugs,
or dangerous devices to residents of this state.  The board shall
not adopt any regulations that require face-to-face consultation for
a prescription that is shipped, mailed, or delivered to the patient.
The regulations adopted pursuant to this subdivision shall not
result in any unnecessary delay in patients receiving their
medication.
   (h) The registration fee shall be the fee specified in subdivision
(a) of Section 4400.
   (i) The registration requirements of this section shall apply only
to a nonresident pharmacy that ships, mails, or delivers controlled
substances, dangerous drugs, and dangerous devices into this state
pursuant to a prescription.
   (j) Nothing in this section shall be construed to authorize the
dispensing of contact lenses by nonresident pharmacists except as
provided by Section 4124.


4113.  (a) Every pharmacy shall designate a pharmacist-in-charge and
within 30 days thereof, shall notify the board in writing of the
identity and license number of that pharmacist and the date he or she
was designated.
   (b) The pharmacist-in-charge shall be responsible for a pharmacy's
compliance with all state and federal laws and regulations
pertaining to the practice of pharmacy.
   (c) Every pharmacy shall notify the board within 30 days of the
date when a pharmacist ceases to be a pharmacist-in-charge.



4114.  An intern pharmacist may perform any activities pertaining to
the practice of pharmacy as the board may determine by regulation.
Whenever in this chapter the performance of an act is restricted to a
pharmacist, the act may be performed by an intern pharmacist under
the supervision of a pharmacist.  The pharmacist shall not supervise
more than one intern pharmacist at any one time.



4115.  (a) Notwithstanding any other provision of law, a pharmacy
technician may perform packaging, manipulative, repetitive, or other
nondiscretionary tasks, only while assisting, and while under the
direct supervision and control of, a pharmacist.
   (b) This section does not authorize the performance of any tasks
specified in subdivision (a) by a pharmacy technician without a
pharmacist on duty, nor does this section authorize the use of a
pharmacy technician to perform tasks specified in subdivision (a)
except under the direct supervision and control of a pharmacist.
   (c) This section does not authorize a pharmacy technician to
perform any act requiring the exercise of professional judgment by a
pharmacist.
   (d) The board shall adopt regulations to specify tasks pursuant to
subdivision (a) that a pharmacy technician may perform under the
direct supervision and control of a pharmacist.  Any pharmacy that
employs a pharmacy technician to perform tasks specified in
subdivision (a) shall do so in conformity with the regulations
adopted by the board pursuant to this subdivision.
   (e) (1) No person shall act as a pharmacy technician without first
being registered with the board as a pharmacy technician as set
forth in Section 4202.
   (2) The registration requirements in paragraph (1) and Section
4202 shall not apply during the first year of employment for a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inmate of a correctional facility of
the Department of the Youth Authority or the Department of
Corrections, or for a person receiving treatment in a facility
operated by the State Department of Mental Health, the State
Department of Developmental Services, or the Department of Veterans
Affairs.
   (f) The performance of duties by a pharmacy technician shall be
under the direct supervision and control of a pharmacist.  The
pharmacist on duty shall be directly responsible for the conduct of a
pharmacy technician.  A pharmacy technician may perform the duties,
as specified in subdivision (a), only under the immediate, personal
supervision and control of a pharmacist.  Any pharmacist responsible
for a pharmacy technician shall be on the premises at all times, and
the pharmacy technician shall be within the pharmacist's view.  A
pharmacist shall indicate verification of the prescription by
initialing the prescription label before the medication is provided
to the patient.
   This subdivision shall not apply to a person employed or utilized
as a pharmacy technician to assist in the filling of prescriptions
for an inpatient of a hospital or for an inmate of a correctional
facility.  Notwithstanding the exemption in this subdivision, the
requirements of subdivisions (a) and (b) shall apply to a person
employed or utilized as a pharmacy technician to assist in the
filling of prescriptions for an inpatient of a hospital or for an
inmate of a correctional facility.
   (g) (1) A pharmacy with only one pharmacist shall have no more
than one pharmacy technician performing the tasks specified in
subdivision (a).  The ratio of pharmacy technicians performing the
tasks specified in subdivision (a) to any additional pharmacist shall
not exceed 2:1, except that this ratio shall not apply to personnel
performing clerical functions pursuant to Section 4116 or 4117.  This
ratio is applicable to all practice settings, except for an
inpatient of a licensed health facility, a patient of a licensed home
health agency, as specified in paragraph (2), an inmate of a
correctional facility of the Department of the Youth Authority or the
Department of Corrections, and for a person receiving treatment in a
facility operated by the State Department of Mental Health, the
State Department of Developmental Services, or the Department of
Veterans Affairs.
   (2) The board may adopt regulations establishing the ratio of
pharmacy technicians performing the tasks specified in subdivision
(a) to pharmacists applicable to the filling of prescriptions of an
inpatient of a licensed health facility and for a patient of a
licensed home health agency.  Any ratio established by the board
pursuant to this subdivision shall allow, at a minimum, at least one
pharmacy technician for a single pharmacist in a pharmacy and two
pharmacy technicians for each additional pharmacist, except that this
ratio shall not apply to personnel performing clerical functions
pursuant to Section 4116 or 4117.
   (3) A pharmacist scheduled to supervise a second pharmacy
technician may refuse to supervise a second pharmacy technician if
the pharmacist determines, in the exercise of his or her professional
judgment, that permitting the second pharmacy technician to be on
duty would interfere with the effective performance of the pharmacist'
s responsibilities under this chapter.  A pharmacist assigned to
supervise a second pharmacy technician shall notify the pharmacist in
charge in writing of his or her determination, specifying the
circumstances of concern with respect to the pharmacy or the pharmacy
technician that have led to the determination, within a reasonable
period, but not to exceed 24 hours, after the posting of the relevant
schedule.  No entity employing a pharmacist may discharge,
discipline, or otherwise discriminate against any pharmacist in the
terms and conditions of employment for exercising or attempting to
exercise in good faith the right established pursuant to this
paragraph.
   (h) Notwithstanding subdivisions (b) and (f), the board shall by
regulation establish conditions to permit the temporary absence of a
pharmacist for breaks and lunch periods pursuant to Section 512 of
the Labor Code and the orders of the Industrial Welfare Commission
without closing the pharmacy.  During these temporary absences, a
pharmacy technician may, at the discretion of the pharmacist, remain
in the pharmacy but may only perform nondiscretionary tasks.  The
pharmacist shall be responsible for a pharmacy technician and shall
review any task performed by a pharmacy technician during the
pharmacist's temporary absence.  Nothing in this subdivision shall be
construed to authorize a pharmacist to supervise pharmacy
technicians in greater ratios than those described in subdivision
(g).


4115.5.  (a) Notwithstanding any other provision of law, a pharmacy
technician student may be placed in a pharmacy as a pharmacy
technician trainee to complete an externship for the purpose of
obtaining practical training that is required by the board as a
condition of becoming registered as a pharmacy technician.  A
"pharmacy technician student" is a person who is enrolled in a
pharmacy technician training program operated by a California public
postsecondary education institution or by a private postsecondary
vocational institution approved by the Bureau for Private
Postsecondary and Vocational Education.
   (b) (1) A pharmacy technician trainee participating in an
externship as described in subdivision (a) may perform the duties
described in subdivision (a) of Section 4115 only under the
immediate, personal supervision and control of a pharmacist.  A
pharmacist supervising a pharmacy technician trainee shall be on the
premises and have the trainee within his or her view at any time the
trainee performs the duties described in subdivision (a) of Section
4115.
   (2) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
be directly responsible for the conduct of the trainee.
   (3) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
verify any prescription prepared by the trainee under supervision of
the pharmacist by initialing the prescription label before the
medication is disbursed to a patient.
   (4) No more than one pharmacy technician trainee per pharmacist
may participate in an externship as described in subdivision (a)
under the immediate, personal supervision and control of that
pharmacist at any time the trainee is present in the pharmacy.
   (5) A pharmacist supervising a pharmacy technician trainee
participating in an externship as described in subdivision (a) shall
certify attendance for the pharmacy technician trainee and certify
that the pharmacy technician trainee has met the educational
objectives established by California public postsecondary education
institution or the private postsecondary vocational institution in
which the trainee is enrolled, as established by the institution.
   (c) (1) Except as described in paragraph (2), an externship in
which a pharmacy technician trainee is participating as described in
subdivision (a) shall be for a period of no more than 120 hours.
   (2) When an externship in which a pharmacy technician trainee is
participating as described in subdivision (a) involves rotation
between a community and hospital pharmacy for the purpose of training
the student in distinct practice settings, the externship may be for
a period of up to 320 hours.  No more than 120 of the 320 hours may
be completed in a community pharmacy setting or in a single
department in a hospital pharmacy.
   (d) An externship in which a pharmacy technician trainee may
participate as described in subdivision (a) shall be for a period of
no more than six consecutive months in a community pharmacy and for a
total of no more than 12 months if the externship involves rotation
between a community and hospital pharmacy.  The externship shall be
completed while the trainee is enrolled in a course of instruction at
the institution.
   (e) A pharmacy technician trainee participating in an externship
as described in subdivision (a) shall wear identification that
indicates his or her student status.



4116.  (a) No person other than a pharmacist, an intern pharmacist,
an authorized officer of the law, or a person authorized to prescribe
shall be permitted in that area, place, or premises described in the
license issued by the board wherein controlled substances or
dangerous drugs or dangerous devices are stored, possessed, prepared,
manufactured, derived, compounded, dispensed, or repackaged.
However, a pharmacist shall be responsible for any individual who
enters the pharmacy for the purposes of receiving consultation from
the pharmacist or performing clerical, inventory control,
housekeeping, delivery, maintenance, or similar functions relating to
the pharmacy if the pharmacist remains present in the pharmacy
during all times as the authorized individual is present.
   (b) (1) The board may, by regulation, establish reasonable
security measures consistent with this section in order to prevent
unauthorized persons from gaining access to the area, place, or
premises or to the controlled substances or dangerous drugs or
dangerous devices therein.
   (2) The board shall, by regulation, establish conditions for the
temporary absence of a pharmacist for breaks and lunch periods
pursuant to Section 512 of the Labor Code and the orders of the
Industrial Welfare Commission without closing the pharmacy and
removing authorized personnel from the pharmacy.  These conditions
shall ensure the security of the pharmacy and its operations during
the temporary absence of the pharmacist and shall allow, at the
discretion of the pharmacist, nonpharmacist personnel to remain and
perform any lawful activities during the pharmacist's temporary
absence.


4117.  No person other than a pharmacist, an intern pharmacist, a
pharmacy technician, an authorized officer of the law, a person
authorized to prescribe, a registered nurse, a licensed vocational
nurse, a person who enters the pharmacy for purposes of receiving
consultation from a pharmacist, or a person authorized by the
pharmacist in charge to perform clerical, inventory control,
housekeeping, delivery, maintenance, or similar functions relating to
the pharmacy shall be permitted in that area, place, or premises
described in the license issued by the board to a licensed hospital
wherein controlled substances, dangerous drugs, or dangerous devices
are stored, possessed, prepared, manufactured, derived, compounded,
dispensed, or repackaged.



4118.  (a) When, in the opinion of the board, a high standard of
patient safety, consistent with good patient care, can be provided by
the licensure of a pharmacy that does not meet all of the
requirements for licensure as a pharmacy, the board may waive any
licensing requirements.
   (b) When, in the opinion of the board, a high standard of patient
safety, consistent with good patient care, can be provided by the
licensure of a hospital pharmacy, as defined by subdivision (a) of
Section 4029, that does not meet all of the requirements for
licensure as a hospital pharmacy, the board may waive any licensing
requirements.  However, when a waiver of any requirements is granted
by the board, the pharmaceutical services to be rendered by this
pharmacy shall be limited to patients registered for treatment in the
hospital, whether or not they are actually staying in the hospital,
or to emergency cases under treatment in the hospital.



4119.  (a) Notwithstanding any other provision of law, a pharmacy
may furnish a dangerous drug or dangerous device to a licensed health
care facility for storage in a secured emergency pharmaceutical
supplies container maintained within the facility in accordance with
facility regulations of the State Department of Health Services set
forth in Title 22 of the California Code of Regulations and the
requirements set forth in Section 1261.5 of the Health and Safety
Code.  These emergency supplies shall be approved by the facility's
patient care policy committee or pharmaceutical service committee and
shall be readily available to each nursing station.  Section 1261.5
of the Health and Safety Code limits the number of oral dosage form
or suppository form drugs in these emergency supplies to 24.
   (b) Notwithstanding any other provision of law, a pharmacy may
furnish a dangerous drug or a dangerous device to an approved service
provider within an emergency medical services system for storage in
a secured emergency pharmaceutical supplies container, in accordance
with the policies and procedures of the local emergency medical
services agency, if all of the  following are met:
   (1) The dangerous drug or dangerous device is furnished
exclusively for  use in conjunction with services provided in an
ambulance, or other approved emergency medical services service
provider, that provides prehospital emergency medical services.
   (2) The requested dangerous drug or dangerous device is within the
  licensed or certified emergency medical technician's scope of
practice as established by the Emergency Medical Services Authority
and set forth in Title 22 of the California Code of Regulations.
   (3) The approved service provider within an emergency medical
services system provides a written request that specifies the name
and quantity of dangerous drugs or dangerous devices.
   (4) The approved emergency medical services provider administers
dangerous drugs and dangerous devices in accordance with the policies
and procedures of the local emergency medical services agency.
   (5) The approved emergency medical services provider documents,
stores, and restocks dangerous drugs and dangerous devices in
accordance with the policies and procedures of the local emergency
medical services agency.
   Records of each request by, and dangerous drugs or dangerous
devices  furnished to, an approved service provider within an
emergency medical services system, shall be maintained by both the
approved service provider and the dispensing pharmacy for a period of
at least three years.
   The furnishing of controlled substances to an approved emergency
medical services provider shall be in accordance with the California
Uniform Controlled Substances Act.


4119.2.  (a) Notwithstanding any other provision of law, a pharmacy
may furnish epinephrine auto-injectors to a school district or county
office of education pursuant to Section 49414 of the Education Code
if all of the following are met:
   (1) The epinephrine auto-injectors are furnished exclusively for
use at a school district site or county office of education.
   (2) A physician and surgeon provides a written order that
specifies the quantity of epinephrine auto-injectors to be furnished.

   (b) Records regarding the acquisition and disposition of
epinephrine auto-injectors furnished pursuant to subdivision (a)
shall be maintained by both the school district or county office of
education for a period of three years from the date the records were
created.  The school district or county office of education shall be
responsible for monitoring the supply of auto-injectors and assuring
the destruction of expired auto-injectors.



4119.5.  (a) A pharmacy can transfer a reasonable supply of
dangerous drugs to another pharmacy.
   (b) A pharmacy may repackage and furnish to a prescriber a
reasonable quantity of dangerous drugs and dangerous devices for
prescriber office use.



4120.  (a) A nonresident pharmacy shall not sell or distribute
dangerous drugs or dangerous devices in this state through any person
or media other than a wholesaler who has obtained a license pursuant
to this chapter or through a selling or distribution outlet that is
licensed as a wholesaler pursuant to this chapter without registering
as a nonresident pharmacy.
   (b) Applications for a nonresident pharmacy registration shall be
made on a form furnished by the board.  The board may require any
information as the board deems reasonably necessary to carry out the
purposes of this section.
   (c) The Legislature, by enacting this section, does not intend a
license issued to any nonresident pharmacy pursuant to this section
to change or affect the tax liability imposed by Chapter 3
(commencing with Section 23501) of Part 11 of Division 2 of the
Revenue and Taxation Code on any nonresident pharmacy.
   (d) The Legislature, by enacting this section, does not intend a
license issued to any nonresident pharmacy pursuant to this section
to serve as any evidence that the nonresident pharmacy is doing
business within this state.



4121.  (a) Notwithstanding Section 651, an advertisement of the
retail price for a drug that requires a prescription shall be limited
to quantities of the drug that are consistent with good medical
practice and shall include the strength, dosage form, and the exact
dates during which the advertised price will be in effect.
   (b) This section shall not apply to a pharmacy that is located in
a licensed hospital and that is accessible only to hospital medical
staff and personnel.



4122.  (a) In every pharmacy there shall be prominently posted in a
place conspicuous to and readable by prescription drug consumers a
notice provided by the board concerning the availability of
prescription price information, the possibility of generic drug
product selection, and the type of services provided by pharmacies.
The format and wording of the notice shall be adopted by the board by
regulation.  A written receipt that contains the required
information on the notice may be provided to consumers as an
alternative to posting the notice in the pharmacy.
   (b) A pharmacist, or a pharmacist's employee, shall give the
current retail price for any drug sold at the pharmacy upon request
from a consumer, however that request is communicated to the
pharmacist or employee.
   (c) If a requester requests price information on more than five
prescription drugs and does not have valid prescriptions for all of
the drugs for which price information is requested, a pharmacist may
require the requester to meet any or all of the following
requirements:
   (1) The request shall be in writing.
   (2) The pharmacist shall respond to the written request within a
reasonable period of time.  A reasonable period of time is deemed to
be 10 days, or the time period stated in the written request,
whichever is later.
   (3) A pharmacy may charge a reasonable fee for each price
quotation, as long as the requester is informed that there will be a
fee charged.
   (4) No pharmacy shall be required to respond to more than three
requests as described in this subdivision from any one person or
entity in a six-month period.
   (d) This section shall not apply to a pharmacy that is located in
a licensed hospital and that is accessible only to hospital medical
staff and personnel.
   (e) Notwithstanding any other provision of this section, no
pharmacy shall be required to do any of the following:
   (1) Provide the price of any controlled substance in response to a
telephone request.
   (2) Respond to a request from a competitor.
   (3) Respond to a request from an out-of-state requester.



4123.  Any pharmacy that contracts to compound a drug for parenteral
therapy, pursuant to a prescription, for delivery to another
pharmacy shall report that contractual arrangement to the board.
That information shall be reported by the pharmacy performing the
compounding services within 30 days of commencing that compounding.




4124.  (a) Notwithstanding Section 2543, a pharmacist may dispense
replacement contact lenses pursuant to a valid prescription of a
physician or optometrist.  Nothing in this section authorizes a
pharmacist to conduct an examination of the eyes or to fit or adjust
contact lenses.  For purposes of this section, "replacement contact
lenses" means soft contact lenses that require no fitting or
adjustment, and that are dispensed as packaged and sealed by the
manufacturer.
   (b) No replacement contact lenses may be sold or dispensed except
pursuant to a prescription that meets all of the following
requirements:
   (1) Conforms to state and federal statutes and regulations
governing those prescriptions and includes the name, address, and
state license number of the prescribing practitioner.
   (2) Explicitly states an expiration date of not more than one year
from the date of the last prescribing examination.
   (3) Explicitly states that the prescription is for contact lenses
and includes the lens brand name, type, and tint, including all
specifications necessary for the ordering of lenses.
   (c) The contact lenses that are dispensed shall be the exact
contact lenses that have been prescribed, and no substitutions shall
be made.
   (d) Any pharmacist and pharmacy that dispenses replacement contact
lenses shall direct the patient to confer with his or her eyecare
practitioner in the event of any eye problem or reaction to the
lenses.
   (e) Any pharmacist and pharmacy that sells replacement contact
lenses shall provide the following or substantially equivalent
written notification to the patient whenever contact lenses are
supplied:

   WARNING: IF YOU ARE HAVING ANY UNEXPLAINED EYE DISCOMFORT,
WATERING, VISION CHANGE, OR REDNESS, REMOVE YOUR LENSES IMMEDIATELY
AND CONSULT YOUR EYE CARE PRACTITIONER BEFORE WEARING YOUR LENSES
AGAIN.

   (f) Any pharmacy and pharmacist dispensing replacement contact
lenses shall be subject to all statutes, regulations, and ordinances
governing the advertisement of contact lenses.  In addition, any
advertisement by a pharmacy or pharmacist that mentions replacement
contact lenses shall include within the advertisement all fees,
charges, and costs associated with the purchase of the lenses from
that pharmacy and pharmacist.
   (g) Any pharmacy dispensing replacement contact lenses shall
register with the Medical Board of California at the time of initial
application for a license or at the time of annual renewal of that
license.
   (h) All nonresident pharmacies shall maintain records of
replacement contact lenses shipped, mailed, or delivered to persons
in California for a period of at least three years.  The records
shall be available for inspection upon request by the board or the
Division of Licensing of the Medical Board of California.
   (i) The requirements of this section are applicable to nonresident
pharmacies as defined in subdivision (a) of Section 4112.  A
nonresident pharmacy may dispense contact lenses only as provided in
this section.



4125.  (a) Every pharmacy shall establish a quality assurance
program that shall, at a minimum, document medication errors
attributable, in whole or in part, to the pharmacy or its personnel.
The purpose of the quality assurance program shall be to assess
errors that occur in the pharmacy in dispensing or furnishing
prescription medications so that the pharmacy may take appropriate
action to prevent a recurrence.
   (b) Records generated for and maintained as a component of a
pharmacy's ongoing quality assurance program shall be considered peer
review documents and not subject to discovery in any arbitration,
civil, or other proceeding, except as provided hereafter.  That
privilege shall not prevent review of a pharmacy's quality assurance
program and records maintained as part of that system by the board as
necessary to protect the public health and safety or if fraud is
alleged by a government agency with jurisdiction over the pharmacy.
Nothing in this section shall be construed to prohibit a patient from
accessing his or her own prescription records.  Nothing in this
section shall affect the discoverability of any records not solely
generated for and maintained as a component of a pharmacy's ongoing
quality assurance program.
   (c) This section shall become operative on January 1, 2002.



4126.  (a) Notwithstanding any other provision of law, a covered
entity may contract with a pharmacy to provide pharmacy services to
patients of the covered entity, as defined in Section 256b of Title
42 of the United States Code, including dispensing preferentially
priced drugs obtained  pursuant to Section 256b of Title 42 of the
United States Code.  Contracts between those covered entities and
pharmacies shall comply with guidelines published by the Health
Resources and Services Administration and shall be available for
inspection by board staff during normal business hours.
   (b) Drugs purchased pursuant to Section 256b of Title 42 of the
United States Code and received by a pharmacy shall be segregated
from the pharmacy's other drug stock by either physical or electronic
means.  All records of acquisition and disposition of these drugs
shall be readily retrievable in a form separate from the pharmacy's
other records.
   (c) Drugs obtained by a pharmacy to be dispensed to patients of a
covered entity pursuant to Section 256b of Title 42 of the United
States Code that cannot be distributed because of a change in
circumstances for the covered entity or the pharmacy shall be
returned to the distributor from which they were obtained.  For the
purposes of this section, a change in circumstances includes, but is
not limited to, the termination or expiration of the contract between
the pharmacy and the covered entity, the closure of a pharmacy,
disciplinary action against the pharmacy, or closure of the covered
entity.
   (d) A licensee that participates in a contract to dispense
preferentially priced drugs pursuant to this section shall not have
both a pharmacy and a wholesaler license.
   (e) Neither a covered entity nor a pharmacy shall be required to
obtain a license as a wholesaler based on acts reasonably necessary
to fully participate in the drug purchase program established by
Section 256b of Title 42 of the United States Code.